§2.5 Products imported from countries outside the EU

Irrespective of their origin products must be compliant with the applicable Union harmonisation legislation if they are made available on the Union market. Products coming from countries outside the EU intended to be placed on the Union market or intended for private use or consumption in the Union customs territory are declared for release for free circulation and may be checked by authorities designated for controls on products entering the Union market. The basic principle of EU harmonisation legislation is that irrespective of the origin of the products, they need to be compliant with the applicable Union harmonisation legislation if they are made available (or put into service (62)) on the Union market. Products manufactured in the EU and products from non-EU countries are treated alike. Union harmonisation legislation applies to products outside the Union when they are made available on the Union market for the first time; not only to newly manufactured products but also to used and second-hand products, including products resulting from the preparation for re-use of electrical or electronic waste, but not to such products already on the EU market. It applies even to used and second-hand products imported from a third country that were manufactured before the Union harmonisation legislation became applicable. Before they can reach the end-user in the EU, products from countries outside the EU will be presented to customs and declared for the release for free circulation procedure. The purpose of release for free circulation is to fulfil all import formalities so that the goods can be made available on, and circulate freely in the EU market like any product made in the EU. Therefore, when products are presented to customs and declared for the release for free circulation procedure, it can generally be considered that the goods are being placed on the EU market; the products will thus need to be compliant with the applicable Union harmonisation legislation. However, in practice, the release for free circulation and the placing on the market may not take place at the same time. The placing on the market is the moment in which the product is supplied for distribution, consumption or use for the purposes of compliance with Union harmonisation legislation. Placing on the market can take place before the release for free circulation, for example, in the case of online or distance sales by economic operators located outside the EU, even if the physical check of the compliance of the products can take place at the earliest when they arrive at the customs in the EU. Placing on the market can also take place after release for free circulation. Products that entered the Union territory and require further processing in order to be in compliance with the applicable Union harmonisation legislation should be placed under the appropriate customs procedure allowing for such processing (63). They can be declared for free circulation only after they have been made compliant. The authorities designated for controls on products entering the Union market and market surveillance authorities have the obligation and the power, based on risk analyses, to check products arriving from third countries and to intervene as appropriate before their release for free circulation, irrespective of when they are de facto placed on the Union market. This is to prevent the release for free circulation and thus the making available in the EU territory of products that are not in compliance with the relevant Union harmonisation legislation or present serious risks to health, safety, the environment or other public interests (64). However, the release for free circulation should not be considered to be proof of conformity with Union harmonisation legislation, as such release does not necessarily include a complete check of compliance. Products imported from countries outside the EU may therefore be subject to subsequent checks, requests and decisions by market surveillance authorities in accordance with Regulation (EU) 2019/1020. Where customs authorities at the first point of entry have reasons to believe that products arriving from third countries and either in temporary storage or placed under a customs procedure other than ‘release for free circulation’ are not compliant with applicable Union harmonisation legislation or present a risk, they are required to transmit all relevant information to the competent customs office of destination. For products imported from countries outside the EU, Union harmonisation legislation envisages a special role for the importer. The latter assumes certain obligations which to some extent mirror the obligations of manufacturers based within the EU (65). In the case of products imported from countries outside the EU, an authorised representative may carry out a number of tasks on behalf of the manufacturer (66). If however, the authorised representative of a third country manufacturer supplies a product to a distributor or a consumer within the EU, he then no longer acts as a mere authorised representative but becomes the importer and is subject to the obligations of importers. Furthermore, in order to place the products falling under the scope of Article 4 of Regulation (EU) 2019/1020 on the Union market it is required that there is an economic operator established in the Union and responsible for a number of tasks in relation to those products (67).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07